DETAILED ACTION
The Examiner acknowledges Claim 1 has been amended and Claims 9-12 have been added.
Response to Arguments
Applicant’s arguments and amendments with respect to the Prior Art rejections have been considered but are moot because the amendment(s) have necessitated a new ground(s) of rejection.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by German Patent DE 44 12 505 to Nyhuis.
Regarding claim 1, Nyhuis teaches in Figures 1-3, a mounting element [device for fastening (Page 1)] comprising: a mounting plate (21) and a mounting angle (1); wherein the mounting plate (21) has a first raster profile (23) and the mounting angle (1) has a second raster profile (16) complementary [grooves bear against mating flanges (Abstract)] to the first rater profile (23); and wherein the second raster profile (16) of the mounting angle is configured to be interlocked [bear against (Abstract)] with the first raster profile (23) of the mounting plate (21) in different relative vertical positions [grooves that extend in the longitudinal direction (Page 2)] of the mounting angle (1) with respect to the mounting plate (21) to allow for the mounting angle (1) to be adjustably fastened (Page 2) to the mounting plate (21).
Regarding claim 2, Nyhuis teaches in Figures 1-3, the mounting plate (21) is configured as a U-shaped mounting bracket (3) (Page 2), wherein a first side element (4) and a second side element (5) of the U-shaped mounting bracket (3) comprise female joint elements [because of the holes through them].
Regarding claim 3, Nyhuis teaches in Figures 1-3, the mounting plate (21) has at least one guiding element (26), which is formed in such a way as to guide a sliding movement (Page 3) of the mounting angle (1) along the mounting plate (21).
Regarding claim 4, Nyhuis teaches in Figures 1-3, the mounting plate (21) has two guiding elements [top and bottom edges] that are configured as abutting edges aligned in parallel.
Regarding claim 5, Nyhuis teaches in Figures 1-3, the mounting plate (21) comprises height indication means [the upper edge of the mounting plate] capable of indicating the relative vertical position of the mounting angle (1) with the mounting plate (21) [the upper edge would correspond to one of the grooves in the mounting angle].
Regarding claim 6, Nyhuis teaches in Figures 1-3, the mounting angle (1) comprises at least one slit (12) designed to fit a screw (25) for vertically adjustable connection (Page 3) of the mounting angle (1) to the mounting plate (21).
Regarding claim 7, Nyhuis teaches in Figures 1-3, the mounting angle (1) comprises at least one hole (12) designed to fit a screw (25) for additionally fixing the mounting angle (1) to the mounting plate (21).
Regarding claim 8, Nyhuis teaches in Figures 1-3, the first raster profile (23) and the second raster profile (16) is formed as a triangular-shaped profile [V-shaped (Page 3)].
Regarding claim 9, Nyhuis teaches in Figures 1-3, the first raster profile (23) and the second raster profile (16) are configured such that engagement between the first raster profile (23) and the second raster profile (16) defines discrete relative vertical positions [due to the longitudinal grooves (Page 2)] of the mounting angle (1) with respect to the mounting plate (21).
Regarding claim 10, Nyhuis teaches in Figures 1-3, the discrete relative positions are defined by regularly spaced raster steps [as seen by the grooves 16 and 23].
Regarding claim 11, Nyhuis teaches in Figures 1-3, engagement of the first raster profile (23) with the second raster profile (16) provides predefined adjustment steps (Page 3) between the mounting angle (1) and the mounting plate (21).
Regarding claim 12, Nyhuis teaches in Figures 1-3, relative vertical adjustment (Page 3) of the mounting angle (1) with respect to the mounting plate (21) is achieved through engagement of the first raster profile (23) with the second raster profile (16).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635
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